V. C. MISRA, J. ( 1 ) SRI Pankaj Mithal learned counsel for the petitioner and learned standing counsel on behalf of respondent No. 1 are present. ( 2 ) THE facts of the case in brief are that respondent No. 2 runs a recognized institution in the name of Champa Inter College, Alipur District Aligarh. (herein after referred as the Institution ). One Mohd. Hatim Anjum a confirmed L. T. Grade teacher was employed against one sanctioned post of science teacher, who applied for leave to go for study aboard from 1st January 1982 to 7th April, 1984 by means of an application dated 10. 11. 1981, which was sanctioned by respondent No. 2 and necessary information was forwarded to respondent No. 2. The extension of leave was sought for by Mohd. Hatim Anjum for the period 1. 7. 1982 to 10. 7. 1984, which was again sanctioned for six months by respondent No. 2 and information was duly sent to respondent No. l. Since Mohd. Hatim Anjum failed to join the duties after expiry of the leave the services were terminated by respondent No. 2. Necessary proposal in this respect was sent to respondent No. l for approval with the covering letter dated 8. 8. 1983. Respondent No. 2 vide letter dated 21. 7. 1982 requested respondent No. l to sanction an adhoe appointment on the post of science teacher on the aforesaid shot time leave vacancy for a period of six months, since, there was no teacher available with necessary qualification in the subject of science for class 9 and 10. ( 3 ) THE institution in the meanwhile issued the necessary advertisement and invited application for adhoc appointment on the post of science teacher in the L. T. Grade. The petitioner along with other applicants, applied against the said advertisement and they were duly interviewed by respondent No. 2. The petitioner was found to be the most suitable person amongst all the candidates and accordingly an appointment letter dated 6. 10. 1982 was issued for the period w. e. f. 6. 10. 1982. Necessary information was also sent by respondent No. l. The petitioner since then has been discharging his duties in the institution without any break. The petitioner was found to be the most suitable person amongst all the candidates and accordingly an appointment letter dated 6. 10. 1982 was issued for the period w. e. f. 6. 10. 1982. Necessary information was also sent by respondent No. l. The petitioner since then has been discharging his duties in the institution without any break. ( 4 ) THE institution submitted a monthly bill of the petitioner for the months of October and november 1982 and for subsequent months, but respondent No. 1 did not pay the salary of the petitioner in accordance with the provisions of the U. P. Junior High Schools and Intermediate colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, and instead of approving the petitioners appointment and releasing the payment of his monthly salary issued a letter-dated 12. 10. 1982, stating therein that the vacancy, caused during the leave of Mohd. Hatim anjum was a long term vacancy, and not a short term vacancy and as such the appointment of the petitioner was illegal and not in accordance with law. A letter was again written by respondent No. 2 to respondent No. 1 in this respect, but respondent No. 1 did not accord its approval with the result that the vacancy, could not be declared as a permanent vacancy and a requisition could not be made for regular appointment. The services of the petitioner were continued and were never terminated by the Committee of Management. ( 5 ) BEING aggrieved, the petitioner filed the present writ petition on the grounds inter-alia that, though the appointment of the petitioner was made in accordance with the provisions of U. P. Secondary Education Service Commission (Removal of Difficulties) Order, 1981 against a short term leave vacancy; the non-payment of salary by respondent No. 1 was arbitrary, illegal and without jurisdiction and the services of the petitioner neither had been terminated nor the post ceased to exist and as such in view of the provisions of U. P. Secondary Education Service commission (Removal of Difficulties) (Third) Order, 1982, the appointment of the petitionerwas liable to be continued. The petitioner having worked regularly, w. e. f. 6. 10. 1982 was entitled to receive the salary till the date. ( 6 ) IN pursuance of the interim order dated 15. 9. The petitioner having worked regularly, w. e. f. 6. 10. 1982 was entitled to receive the salary till the date. ( 6 ) IN pursuance of the interim order dated 15. 9. 1983 of this court, the petitioner was directed to be paid salary which he had been drawing and also not to interference with his functioning as science teacher in the institution. By way of amendment in the writ petition, the petitioner has also challenged the impugned order dated 12. 10. 1982 issued by respondent No. l. A further prayer by way of amendment to the writ petition has been sought for regularization of his service under Section 33 A of the U. P. Secondary Education Service Selection Board Act, 1982. ( 7 ) LEARNED counsel for the petitioner has relied upon a decision given in the case of Kumari Nishi bhargava, reported in 1987 U. P. L. B. E. C. 415 (Paragraphs 8, 9 and 10) and in the case of Vimal kishore Bajpai, reported in 1990 (1) UPLBEC, 131 regarding with the provision contained in section 33 A as inserted by the U. P. Secondary Service Commission and Selection Board (Amendment) Act, 1985 and in the U. P. Secondary Education Selection Board Act, 1982, on the question of continuity of the adhoc. appointment, and the condition required to be satisfied for regularization under Section 33a. Learned counsel for the petitioner has also relied upon a decision in the case of Anil Kumar Sharma, reported in 2002 (4) E. S. C (All), page 492, wherein the appointment and power of the Management regarding short term vacancy has been dealt with. ( 8 ) A counter affidavit has been filed on behalf of the respondents wherein it has been submitted that, the managing committee is empowered to make an appointment of adhoc basis only, against a short term vacancy or on the leave vacancy, subject to maximum limit for not more than six months in accordance with the provisions of Section 16 E, F and FF of the Intermediate education Act, and the management cannot make any appointment against a clear vacancy. In the instant case, the vacancy on the leave was continued for the period of 2 and 1/2 years. The appointment of the petitioner was not in accordance with law. In the instant case, the vacancy on the leave was continued for the period of 2 and 1/2 years. The appointment of the petitioner was not in accordance with law. being in violation of the direction of respondent No. 1, who had not approved such appointment, the petitioner could not acquire the status of a teacher and as such he was not entitled for the payment of salary. It was the district Inspector of Schools, who was a competent authority to make an appointment and who in turn had also forwarded the name of an incumbent, who was not appointed by the managing committee. ( 9 ) I have looked into the record of the case and heard learned counsel for the parties at length and find that, the petitioner after due selection was found to be eligible and fully qualified in pursuance of the advertisement and was appointed w. e. f. 6. 10. 1982 in accordance with law against a short term leave vacancy of six months, which was thereafter extended further for six months. Since then he has been continuously working till date for all practical purposes as a regular teacher in the I. T. Grade in the institution of respondent No. 2 and has put in 22 years of continuous service. No other person was either duly selected nor recommended for the appointment under the provisions of U. P. Higher Secondary Education and Selection Board, Act, 1982 nor reported for joining. Under the circumstances of the case, the petitioner is entitled to be regularised in accordance with the provisions of Section 33 A of the U. P. Secondary Education service Selection Board Act, 1982. The petitioner is also entitled for the payment of salary under the provisions of the U. P. Junior High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. The petitioner, shall be deemed to have been appointed in a substantive capacity and, therefore, he shall be entitled to be paid regular salary w. e. f. 6. 10. 1982 till date. The petitioner, shall be deemed to have been appointed in a substantive capacity and, therefore, he shall be entitled to be paid regular salary w. e. f. 6. 10. 1982 till date. ( 10 ) IN view of the above said facts, circumstances and observations made herein before the respondents are directed to make payment of salary to the petitioner regularly month to month in accordance with law and shall also pay the entire arrears of salary, if any, to him with all consequential increment and benefits to which the petitioner would be entitled to, in accordance with law. The respondents are further directed to consider the petitioner for being regularised in the L. T. Grade teacher in accordance with the provisions of U. P. Secondary Education Service selection Board Act, 1982, preferably with a period of two months from the date of production of a certified copy of this order before respondent No. 1. The impugned order dated 12. 10. 1982 (Annexure No. 9 to the writ petition) is hereby quashed. The writ petition is allowed. No order as to costs. . .